Derryn Hinch (Victoria, Derryn Hinch's Justice Party) Share this | Hansard source

by leave—According to media reports, allegedly I could be in breach of section 44 of the Constitution because I hold an irrevocable social security number in the United States and am eligible for a pension in that country, having paid a social security tax for 10 years 50 years ago—a pension I do not claim. The claim is on the breach of a clause that says a person cannot be:

… entitled to the rights or privileges of a subject or a citizen of a foreign power; …

I am not so entitled. I cannot vote in the US or work in the US. I am not a citizen of the United States, nor have I ever held a green card. A superannuation-style pension, I believe, is neither a right nor a privilege in any country. Several constitutional lawyers agree with me and so does the Attorney-General.

After seeking legal advice, the government will not refer me to the High Court. I've been advised by Senator Wong that the opposition agrees with that decision. I think such a referral would be a waste of the High Court's precious time and, possibly, taxpayers' money. I thank Senator Brandis and Senator Wong for their involvement, and I think that that ends the matter. But I do still believe that this chamber should vote to have an independent auditor examine the validity of every member in this chamber and also in the other place. Thank you.